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Non-accessible ERP: the time for sanctions has come

With the circular of June 27, 2025, the Prime Minister demands that prefects strengthen controls and impose sanctions on owners/managers of Public Accessible Buildings (ERP) that do not comply with the 2005 law.

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1) What does the circular say exactly?

The circular of June 27, 2025 requires prefects to implement an accessibility action plan for Établissements Recevant du Public (ERP).

  • Since September 2024, no deviations are allowed from the obligations of the law of February 11, 2005.

  • Prefects must make an inventory of buildings that are compliant and those that are not yet compliant.

  • A control plan per department must be established, prioritizing essential and heavily frequented services (courthouses, hospitals, town halls) and small independent businesses.

👉 Source: Legifrance – Circular of June 27, 2025

2) Sanctions for offenders

The circular provides for administrative sanctions:

  • 1,500 to 5,000 euros for owners or managers who refuse to comply with their obligations or have not submitted any file.

  • Additionally, a percentage of the work yet to be performed (5% to 20%) can be charged when commitments are not met.

  • In serious cases or repeated offenses, criminal law can also intervene, with heavier fines and legal prosecution.

👉 Source: Info-Handicap – Administrative sanctions

 

3) Analysis and consequences

  • Social justice aspect: access to public places is a fundamental right. The circular aims to eliminate delays and enforce the spirit of the 2005 law.

  • Reality on the ground: a large number of ERPs are still not compliant; nearly half either do not comply or only partially comply with the standards.

  • Possible limits: lack of financial means among small operators, limited control capacity of services, and inequalities between regions.

  • Expected effect: the threat of sanctions should have an accelerating effect and encourage owners to finally make their buildings accessible.

👉 Sources: Maire-Info – Accessibility and sanctions, Collectif Handicaps – Analysis

 

Sources

 

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